Cemetery refund; Contact 6 helps family get more money returned

It might be a little uncomfortable, but the holidays are the perfect time for a family conversation about end-of-life plans.

One family was aware of their parents’ plans, yet ran into an unusual problem. Contact 6 helped them sort it out.

If cemeteries show us our history, then Valhalla Memorial Park holds the story of Edward Helland’s parents. And, what happened when their son tried to carry out their final wishes.

Gilbert Helland met his wife, Lila, while working as a milkman in Milwaukee. Lila was on Gilbert’s route. They raised four kids together in Milwaukee.

"We were a pretty normal, blue-collar family," said Edward Helland.

In 1993, Gilbert and Lila Helland signed a contract with the Valhalla Memorial Park Association. They prepaid $1,030 for end-of-life services.

"Part of that contract was not only to provide a place for their ashes to, you know, be in a vault, but also to have cremation services done," said Helland.

When Gilbert Helland died in 2008, Valhalla Memorial Park Association handled the cremation. When Lila Helland died in 2021, her son says the cemetery told him they could not provide the service, as they no longer did cremations. He says they recommend he find another service provider.

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"To not even have them offer what is owed and what they agreed to do, and provide as a service, to me was an insult," said Helland. "I think they needed to offer an alternative and they didn’t."

The International Cemetery, Cremation and Funeral Association (ICCFA) tells Contact 6 it’s rare for a cemetery or funeral home to not provide its prepaid services.

"I have never dealt with one state complaint where a family said, ‘we didn’t get our money or our service,’" said Poul Lemasters, ICCFA general counsel.

Lemasters says there are safeguards in place to protect the consumer, including state laws. Helland wasn’t satisfied with Valhalla’s offer for a refund.

"After a few months of back and forth, all [Valhalla] offered me was $240," said Helland.

Valhalla’s offer was the amount Helland’s parents had prepaid for his Lila’s services in 1993. It was a little more than a third of what he’d paid in 2021 to a facility that provided the cremation.

"I thought [the offer] was insulting," said Helland.

Across the country, the ICCFA says state laws require money for prepaid funeral services and merchandise go into a trust or an insurance product. That way, the money is kept safe.

In Wisconsin, that’s most often the case. State statute says cemeteries may deposit funds with a financial institution, which becomes the trustee. But, state officials say it can depend on the arrangement.

"Whether a particular after-life care arrangement requires funds to be placed in a trust involves a fact specific analysis of the arrangement," said John Beard, communications director for the Department of Safety and Professional Services (DSPS).

Valhalla Memorial Park is owned by Everstory Partners, which owns 17 Wisconsin cemeteries. Contact 6 wrote to Everstory Partners about Helland’s complaint.

Helland said after Contact reached out, he heard from someone at the corporate office.

Contact 6 spoke with Michele Stone, EverStory Partner’s vice president of communications over Zoom.

"Thanks for bringing the issue to our attention," said Stone. "And, helping us get to a place where we made a customer happy."

Stone said that Helland’s money was placed in a trust. She said "per the contract and per Wisconsin law" it did offer to reimburse Helland for the money his parents prepaid. Stone blamed confusion over the unusual circumstances for the Hellands not being offered the refund immediately.

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EverStory Partners ultimately refunded Helland’s out-of-pocket costs, which was calculated at $655.

"We don’t want customers to walk away feeling like they got ripped off. Or, something didn’t go in their favor," said Stone. "It was an unusual circumstance and I hope that the Hellands are satisfied."

Probate attorney Brad Sarkauskas, at the Heritage Law Office, says it’s not always pleasant discussing final wishes but it does take a huge burden off the family. Sarkauskas says he sees a significant jump in phone calls after holiday get-togethers.

"We see it every year after Thanksgiving, Christmas and New Years," said Sarkauskas. "I would absolutely encourage people to talk about it… It’s going to happen to everyone someday, whether you plan for it or not."

While pre-planning, Sarkauskas recommends asking whether the money is going into a trust. Then, reviewing the contract thoroughly.

"For the most part, things run pretty smoothly within that industry," said Sarkauskus. "People just need to know what they’re getting into."

Gilbert and Lila Helland made their final plans to protect their family.

"They wanted to do that, so us kids didn’t have to worry about that when the time came," said Helland.

Helland says his family isn’t utilizing their parents’ vault at Valhalla yet, as he prefers to keep their ashes at home.

The FTC has information on ‘Shopping for Funeral Services’ for those planning their after-life care.